FAR 52.215-5—Facsimile Proposals.
Plain-English Summary
FAR 52.215-5, Facsimile Proposals, tells offerors and contracting officers how faxed proposals, revisions, modifications, and withdrawals are handled when a solicitation allows facsimile submissions. It defines what counts as a facsimile proposal, states that faxed proposals may be submitted in response to the solicitation, and makes clear that faxed submissions are subject to the same rules as paper proposals. The provision also requires the solicitation to identify the receiving fax number, and it establishes a special procedure if any part of a faxed proposal is unreadable to the point that the Government cannot determine whether the proposal meets the solicitation’s essential requirements. In that case, the contracting officer must notify the offeror, allow resubmission, and set the resubmission method and deadline after consulting with the offeror, while preserving the original receipt date and time for timeliness purposes if the offeror complies. Finally, the provision reserves the Government’s right to make award based solely on the facsimile proposal and allows the contracting officer to require the apparently successful offeror to promptly provide the complete original signed proposal. In practice, this provision is about accepting fax as a valid submission method while protecting the integrity of the competition, timeliness rules, and the Government’s ability to verify the final signed offer.
Key Rules
Facsimile proposal defined
A facsimile proposal includes a proposal, a revision or modification of a proposal, or a withdrawal of a proposal that is transmitted to and received by the Government by fax. This definition matters because it determines which submissions are covered by the provision’s rules.
Fax submissions are allowed
Offerors may submit facsimile proposals if the solicitation includes this provision. Once allowed, faxed proposals are treated under the same substantive rules as paper proposals.
Fax number must be identified
The solicitation must state the telephone number of the receiving facsimile equipment. This ensures offerors know exactly where to send their faxed submissions and helps avoid disputes over receipt.
Unreadable portions trigger notice
If any part of a received fax is unreadable to the extent the contracting officer cannot tell whether the proposal meets the solicitation’s essential requirements, the contracting officer must immediately notify the offeror and allow resubmission.
Resubmission rules preserve timeliness
The contracting officer sets the method and time for resubmission after consulting with the offeror. If the offeror complies with the prescribed time and format, the resubmission is treated as received at the original date and time for timeliness purposes.
Government may award on fax alone
The Government may make award solely on the facsimile proposal. However, the contracting officer may require the apparently successful offeror to promptly submit the complete original signed proposal.
Responsibilities
Contracting Officer
Insert the provision when prescribed, identify the correct fax number in the solicitation, and treat faxed proposals under the same rules as paper proposals. If a faxed proposal is unreadable in a material way, immediately notify the offeror, consult with the offeror on resubmission details, and establish the method and deadline for resubmission. The contracting officer may also request the complete original signed proposal from the apparently successful offeror and may make award based solely on the faxed submission.
Offeror
May submit proposals, revisions, modifications, or withdrawals by fax when the solicitation permits it. The offeror must ensure the fax is transmitted clearly enough to show compliance with the solicitation, and if notified of unreadable portions, must resubmit in the manner and by the time prescribed by the contracting officer. If requested after apparent award, the offeror must promptly provide the complete original signed proposal.
Government
May accept faxed proposals as valid submissions when the provision is included and may award based solely on the faxed proposal. The Government must also preserve fairness by applying the same rules to faxed and paper proposals and by allowing resubmission when unreadable material prevents evaluation of essential requirements.
Practical Implications
Fax is a permitted submission method only when the solicitation includes this provision; contractors should not assume fax is acceptable otherwise.
Unreadable fax pages can create serious evaluation and timeliness problems, so offerors should use reliable transmission methods and confirm legibility before sending.
The original receipt date and time can be preserved after resubmission, but only if the offeror follows the contracting officer’s instructions exactly.
A faxed proposal can support award, but the contracting officer may still require the original signed proposal afterward, so offerors should be ready to produce it quickly.
Common pitfalls include sending to the wrong fax number, failing to monitor fax quality, and missing the resubmission deadline after an unreadable transmission.
Official Regulatory Text
As prescribed in 15.209 (e) , insert the following provision: Facsimile Proposals (Oct 1997) (a) Definition . "Facsimile proposal," as used in this provision, means a proposal, revision or modification of a proposal, or withdrawal of a proposal that is transmitted to and received by the Government via facsimile machine. (b) Offerors may submit facsimile proposals as responses to this solicitation. Facsimile proposals are subject to the same rules as paper proposals. (c) The telephone number of receiving facsimile equipment is: _____________ [ insert telephone number ] . (d) If any portion of a facsimile proposal received by the Contracting Officer is unreadable to the degree that conformance to the essential requirements of the solicitation cannot be ascertained from the document- (1) The Contracting Officer immediately shall notify the offeror and permit the offeror to resubmit the proposal; (2) The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the offeror; and (3) The resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timeliness, provided the offeror complies with the time and format requirements for resubmission prescribed by the Contracting Officer. (e) The Government reserves the right to make award solely on the facsimile proposal. However, if requested to do so by the Contracting Officer, the apparently successful offeror promptly shall submit the complete original signed proposal. (End of provision)